Muchemi Wachira’s article following the December 2007political crisis in Kenya, “Foresight that May Have Saved this Country,” published in March 9, 2008 in Sunday Review of The Daily Nation is a testimony that many good constitution are born out of crisis.

The article highlighted a motion brought for debate in Parliament in 1968 by Mr. Joseph Theuri, a Nyeri MP in the Kenyan Parliament. He had brought a motion seeking the return of the position of Prime Minister and scrapping of excessive presidential powers. The move was vehemently opposed by the government. Mr. Theuri told Parliament that they can reject the motion today, it would not matter how long they will wait. They will finally embrace it.

But why are nations unable to come up with good constitutions until things go out of control with deaths and destruction? First, humanity is not comfortable for any change and especially if the status quo is still satisfying to them. In 1968, Kenya’s Attorney General, Charles Njonjo, backed by the then vice president, Mr. Daniel Arap Moi defended the political status quo. Quoting Theuri’s article, Mr. Moi said “Today the whole country has confidence in our president. How does the Honourable member know that the person he is trying to look for to become the Prime Minister will be a good man? I would like to put in no uncertain terms that we reject this motion in toto.”

Other reasons why good constitutions are often born out of crisis are selfishness, arrogance, failure to listen, and the desire to have ones way. Selfishness is partly related to desire to maintain status quo and the desire to amass more and more. Arrogance comes into play because of many factors which include upbringing, political environment, prejudicial beliefs, ego, and the desire to have one’s way.

There are attitudes that cultivate an environment for conflicts, and aggravate an already hostile environment. Such attitudes nurtures ‘I don’t care attitude’ among the masses. And when there is no one to care, anarchy reigns.

Selfishness, failure to listen to one another, arrogance, ego and any desire to have one’s way would exclude most stake holders in the country’s policy formulation, constitution making, legislation, governance, and development. This may also mean the ones in power may reject writing of a new constitution. And when such a situation prevailed for sometime, the results may be destruction and death. It is ironical that voice of reason and realization that people need one another is often appreciated after societies have lost so much. It is when they realize that they need one another that they may a write a just constitution, bring about infrastructure, and come up with services benefit all.

By Samwel Kipsang.
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